Human Rights – Migrant Rights? Mykolas Romeris University Assoc. Prof. Dr. Laurynas Biekša Lithuanian Red Cross Migration and Human Rights Summer Camp 3 August 2015

Short video presenting the main issues in the migration debate

Does the world need more human rights for migrants? Human rights are necessary for good living environment in the society. Even if ignoring human rights some states might get some short-term economical practical advantages, in the long-term perspective the the best living environment for people are being created in human rights friendly societies. The states cannot achieve a high level of human rights and ignore migrant rights at the same time. It is so, because it is not possible to protect the human rights of "good" individuals ignoring the human rights of "bad" individuals, the double standards of human rights are not possible and ironically they become the lower standards.

APPLICABILITY OF HUMAN RIGHTS TO MIGRANTS „International human rights instruments are applicable to all persons regardless of their nationality or status. Irregular migrants, as they are often in a vulnerable situation, have a particular need for the protection of their human rights, including basic civil, political, economic and social rights.“ CoE Resolution 1509 (2006), Human rights of irregular migrants

International Human Rights Protection Treaties Main UN human rights treaties (universal): Main Council of Europe human rights treaties (regional): 1965 International Convention on the Elimination of All Forms of Racial Discrimination (CERD); 1966 International Covenant on Civil and Political Rights (ICCPR); 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR); 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); 1989 Convention on the Rights of the Child (CRC); 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) ; 2006 International Convention for the Protection of All Persons from Enforced Disappearance; 2006 Convention on the Rights of Persons with Disabilities Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR); 1961 European Social Charter (ESC); 1987 European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ECPT); 1992 European Charter for Regional or Minority Languages (ECRML); 1995 Framework Convention for the Protection of National Minorities (EFCNM); 1996 Revised European Social Charter (RESC); 1996 European Convention on the Exercise of Children's Rights; 2005 Council of Europe Convention on Action against Trafficking in Human Beings; 2009 Council of Europe Convention on Access to Official Documents; 2011 Council of Europe Convention on preventing and combating violence against women and domestic violence.

EU asylum legal framework RECEPTION CONDITIONS OF ASYLUM SEEKERS Council Directive 2003/9/EC reception conditions of asylum seekers; Directive 2013/33/EU of 26 June 2013 laying down standards for the reception of applicants for international protection (RECAST) DETERMINATION OF THE STATE RESPONSIBLE FOR EXAMINING AN ASYLUM APPLICATION (“DUBLIN“) Dublin Regulation Council Regulation (EC) N° 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application; Regulation (EU) N° 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection (DUBLIN III recast) Implementing Regulation Commission Regulation (EC) n°1560/ September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 (Dublin II Regulation); Commission Implementing Regulation (EU) N° 118/2014 amending Regulation (EC) N° 1560/2003 laying down detailed rules for the application of Council Regulation (EC) N° 343/2003 Dublin II Dublin and third countries Switzerland - Coucnil Decision 2008/147/EC criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland; Denmark - Council Decision 2006/188/CE extending to Denmark the provisions of Council Regulation (EC) No 343/2003 (Dublin II Regulation); Iceland & Norway - Council Decision 2001/258/EC concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or Iceland or Norway COMPARISON OF FINGERPRINTS (“EURODAC“) Council Regulation (EC) No 2725/2000 establishment of "Eurodac" for the comparison of fingerprints for the effective application of the Dublin Regulation; Council Regulation (EC) No 407/2002 laying down certain rules to implement Regulation (EC) No 2725/2000 concerning the establishment of "Eurodac„; Council Decision 2006/188/EC extending to Denmark the Eurodac System; Regulation (EU) No 603/2013 of 26 June 2013 establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 (Dublin III Regulation) RECAST REFUGEE AND SUBSIDIARY PROTECTION DEFINITION Council Directive 2004/83/EC on minimum standards for the qualification and status as refugees or as persons who otherwise need international protection - "Qualification Directive„; Directive 2011/95/EU of 13 December 2011 standards for the qualification of persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection - "Qualification Directive II" (RECAST) PROCEDURES FOR GRANTING AND WITHDRAWING ASYLUM Council Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status - "Procedures Directive„; Directive 2013/32/EU on common procedures for granting and withdrawing international protection - "Procedures Directive" (RECAST) TEMPORARY PROTECTION Council Directive 2001/55/EC on minimum standards for giving temporary protection EUROPEAN ASYLUM SUPPORT OFFICE (EASO) Regulation (EU) n° 439/2010 establishing a European Asylum Support Office

EU immigration legal framework BORDERS MANAGEMENT Schengen Borders Code Schengen Evaluation Local border traffic at the external land borders Simplified regime for the control at external borders Frontex Agency EUROSUR system SHORT TERM VISAS List of third countries whose nationals must be in possession of short term visas Visa Code Visa information system Agreements on the facilitation/exemption of issuance of visas ADMISSION AND STAY Students and pupils Researchers Highly skilled workers/EU Blue Card Single permit Seasonal Workers Intra Corporate Transfert Family reunification Long term residents IRREGULAR MIGRATION Carriers sanctions Unauthorised entry, transit and residence Victims of trafficking in human beings Sanctions against employers of illegally staying third-country nationals RETURN OF THIRD COUNTRY NATIONALS IN AN IRREGULAR SITUATION Return Directive Mutual recognition of expulsion decisions Assistance in cases of transit Joint flights for removal Readmission agreements with third countries For more information on the EU migration legal framework please check

Challenges and problems for the EU migration policy: Restricted possibilities of legal entry Insufficient focus on legal protection of lower qualified migrants Granting the residence prior to the job offer Burden shifting instead of burden sharing among MS Lack of integration strategy Future role of ECJ Application of national law instead of EU migration acquis

HR issues – work conditions

HR issues – slavery and sexual exploitation

HR issues - right to life and protection from refoulement

HR issues – right to liberty and protection from inhuman treatment

HR issues – right to asylum

HR issues – protection of family and private life

HR issues – right to life and protection from inhuman treatment during return procedures

HR issues – social guarantees

HR issues – right to religion

HR issues – protection from incitement to religious and national hatred

Have an open-minded Summer Camp!